ILNews

Opinions March 3, 2011

March 3, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Association of Beverage Retailers, Inc. v. Indiana Alcohol and Tobacco Commission, et al.
49A02-1002-PL-125
Civil plenary. Affirms denial of the Indiana Association of Beverage Retailers’ motion for a preliminary injunction against the Indiana Alcohol and Tobacco Commission to enjoin the commission from issuing new beer dealer’s permits in locations in which the statutory limits on the number of beer dealer’s permits have been met or exceeded. The Commission’s interpretation of 7.1-3 is reasonable and doesn’t violate Title 7.1. The IABR also failed to show its members are likely to suffer irreparable harm if no injunction is issued.

Eddie M. Taylor v. State of Indiana

20A03-1003-CR-256
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in cocaine. Taylor’s decision to proceed pro se was knowingly, intelligently, and voluntarily made and he was not denied the right to counsel, as he was appointed counsel the day before his trial was scheduled to begin.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. Reverses denial of the state’s motion to use pretrial statements of witnesses who had been excluded. Remands with instructions that the trial court hear the state’s evidence and make a determination as to whether LeFlore’s conduct rendered the witnesses unavailable for cross-examination and thus, whether LeFlore forfeited his right to confrontation.

J.L. v. State of Indiana (NFP)
49A02-1006-JV-791
Juvenile. Affirms restitution order following adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

C.H. v. State of Indiana (NFP)
49A02-1008-JV-912
Juvenile. Affirms adjudication as a delinquent child for committing acts that would be battery, criminal recklessness, and dangerous possession of a firearm if committed by an adult. Affirms order committing C.H. to the Department of Correction.

Term. of Parent-Child Rel. of A.C.; J.C. v. Tippecanoe County DCS (NFP)
79A04-1007-JT-495
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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